Calcutta High Court (Appellete Side)
Smt. Swapna Saha vs The Oriental Insurance Co. Ltd. & ... on 22 September, 2021
22.09.2021
ss
F.M.A.T. 513 of 2018
I.A. CAN 1 of 2019 (old no. CAN 10659 of 2019)
( Via Video Conference )
Smt. Swapna Saha
Vs.
The Oriental Insurance Co. Ltd. & ors.
Mr. Saidur Rahaman
...For the Appellant
Mr. Parimal Kumar Pahari
... For the respondent No.1/Insurance Co.
Re : I.A. CAN 1 of 2019 (old no. CAN 10659 of 2019)
Since the original application is not found in the
file, the photostat copy of the application for condonation
of delay is taken on record and the same be treated as
original.
This is an application for condonation of delay in
filing the instant appeal.
On perusal of the pleadings, this Court is satisfied
that the cause shown for delay in filing the instant appeal
is sufficient and prayer for condonation of delay should
be allowed.
Accordingly, the application for condonation of
delay stands allowed.
By consent of the parties, instant appeal is treated
as on day's list and is taken up for hearing.
The department is directed to issue F.M.A. number
immediately.
FMAT 513 of 2018
The instant appeal is directed against the
judgment and award dated April 12, 2017 passed by the
learned Judge, Motor Accident Claims Tribunal cum
Additional District & Sessions Judge, 7th Court, Barasat,
North 24-Parganas in MAC Case No. 05 of 2010
(new)/MAC Case No.242 of 2010 (old), in a claim under
Section 166 of the Motor Vehicles Act, 1988 for
compensation for the death of one Krishna Lal Saha in a
motor vehicle accident on 21.01.2010.
Various points have been raised by the appellant in
the instant appeal challenging the quantum of
compensation. It is submitted that the learned Tribunal
erred in assessing the income of the deceased as
Rs.36,000/- per month instead of accepting his salary
income of Rs.6,60,000/- annually as shown in the income
tax return. Further, the age of the deceased was taken
wrongly within the age group of 61-65 years though he
was aged about 59 years as per post mortem report and
income tax return which shows the date of birth of the
victim as on 1st September, 1950. Consequently, nothing
was allowed towards future prospect and wrong
multiplier of '5' was applied instead of '9' and general
damages was erroneously allowed for Rs.9,500/- instead
of Rs.70,000/-
Per contra, learned Counsel for the insurance
company argues that in the facts and circumstances of
the case, the award is just and reasonable and there is no
scope for enhancement of the same.
Heard the submissions of both sides and perused
the materials on record. I find substance in the
arguments of the appellant. The age of the deceased
should be taken as 59 years having his date of birth as on
1st September, 1950 and the income of the deceased
should be the gross salary income for the year minus tax
paid.
Considering the judgements of Smt. Sarla Verma &
ors. Vs. Delhi Transport Corporation & anr., reported
in (2009) 6 SCC 121 and National Insurance Company
Ltd. Vs. Pranay Sethi & ors., reported in (2017) 16 SCC
680, this Court is of the view that the claimants are
entitled to 15% addition on account of future prospect
and the applicable multiplier should be '9' for the age
group of 56-60 years. They are also entitled to
Rs.70,000/- under the collective heads of general
damages.
Accordingly, the impugned award is modified and
recalculated in the manner referred hereinafter :
Particulars Amount
Annual gross salary income Rs.6,60,000/-
Less : Tax paid
Income Tax - Rs.74,321/-
Professional Tax - Rs. 2,400/- Rs.76,721/-
Net Annual Salary Income Rs.5,83,279/-
Add : Future Prospect 15% Rs.87,491/-
Rs.6,70,770/-
Less : 1/3rd for personal expenses Rs.2,23,590/-
Rs.4,47,179/-
Multiplier '9' Rs.40,24,620/-
Add : General Damages Rs.70,000/-
Rs.40,94,620/-
Add : Medical expenses Rs.12,04,864/-
Total principal compensation Rs.52,99,484/-
Less: Awarded amount and paid
by insurance company Rs.26,54,364/-
Balance enhancement amount Rs.26,45,120/-
The claimants have received the awarded sum of
Rs.26,54,364/- along with interest as per directions of
the learned Tribunal. Accordingly, the balance enhanced
sum of Rs.26,45,120/- would become payable to the
claimants by the insurance company together with
interest @ 6% p.a. on and from the date of filing of the
claim petition till actual payment within a period of 45
days from the date of receipt of the bank account
particulars of the claimants. Learned Advocate for the
claimants will forward the bank account details of the
claimants within a fortnight from date to the learned
Advocate for the Insurance Company. The payment shall
be made to the claimants in the same manner and
proportion as per award.
With the aforesaid directions, the instant appeal is
disposed of. There shall be no order as to costs.
In view of the disposal of this appeal, connected
application, if any, is also disposed of.
Urgent Photostat certified copy of this order, if
applied for, be given to the parties, upon compliance of all
formalities, on priority basis.
(Shekhar B. Saraf, J.)
